Outer Space Treaty

The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a multilateral treaty that forms the basis of international space law. Negotiated and drafted under the auspices of the United Nations, it was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, entering into force on 10 October 1967. As of February 2022, 112 countries are parties to the treaty—including all major spacefaring nations—and another 23 are signatories.[1][5][6]

Outer Space Treaty
French: Traité de l'espace
Russian: Договор о космосе
Spanish: Tratado sobre el espacio ultraterrestre
Chinese: 外层空间条约
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies
  Parties
  Signatories
  Non-parties
Signed27 January 1967
LocationLondon, Moscow and Washington, D.C.
Effective10 October 1967 (1967-10-10)
Condition5 ratifications, including the depositary Governments
Parties112[1][2][3][4]
DepositaryGovernments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America
LanguagesEnglish, French, Russian, Spanish and Chinese
Full text
Outer Space Treaty of 1967 at Wikisource

The Outer Space Treaty was spurred by the development of intercontinental ballistic missiles (ICBMs) in the 1950s, which could reach targets through outer space.[7] The Soviet Union's launch of Sputnik, the first artificial satellite, in October 1957, followed by a subsequent arms race with the United States, hastened proposals to prohibit the use of outer space for military purposes. On 17 October 1963, the U.N. General Assembly unanimously adopted a resolution prohibiting the introduction of weapons of mass destruction in outer space. Various proposals for an arms control treaty governing outer space were debated during a General Assembly session in December 1966, culminating in the drafting and adoption of the Outer Space Treaty the following January.[8]

Key provisions of the Outer Space Treaty include prohibiting nuclear weapons in space; limiting the use of the Moon and all other celestial bodies to peaceful purposes; establishing that space shall be freely explored and used by all nations; and precluding any country from claiming sovereignty over outer space or any celestial body. Although it forbids establishing military bases, testing weapons and conducting military maneuvers on celestial bodies, the treaty does not expressly ban all military activities in space, nor the establishment of military space forces or the placement of conventional weapons in space.[9][10] From 1968 to 1984, the OST birthed four additional agreements: rules for activities on the Moon; liability for damages caused by spacecraft; the safe return of fallen astronauts; and the registration of space vehicles.[11]

OST provided many practical uses and was the most important link in the chain of international legal arrangements for space from the late 1950s to the mid-1980s. OST was at the heart of a 'network' of inter-state treaties and strategic power negotiations to achieve the best available conditions for nuclear weapons world security. The OST also declares that space is an area for free use and exploration by all and "shall be the province of all mankind". Drawing heavily from the Antarctic Treaty of 1961, the Outer Space Treaty likewise focuses on regulating certain activities and preventing unrestricted competition that could lead to conflict.[12] Consequently, it is largely silent or ambiguous on newly developed space activities such as lunar and asteroid mining.[13][14][15] Nevertheless, the Outer Space Treaty is the first and most foundational legal instrument of space law,[16] and its broader principles of promoting the civil and peaceful use of space continue to underpin multilateral initiatives in space, such as the International Space Station and the Artemis Program.[17][18]

Provisions

The Outer Space Treaty represents the basic legal framework of international space law. According to the U.N. Office for Outer Space Affairs (UNOOSA), the core principles of the treaty are:[19]

  • the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;
  • outer space shall be free for exploration and use by all States;
  • outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;
  • States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner;
  • the Moon and other celestial bodies shall be used exclusively for peaceful purposes;
  • astronauts shall be regarded as the envoys of mankind;
  • States shall be responsible for national space activities whether carried out by governmental or non-governmental entities;
  • States shall be liable for damage caused by their space objects; and
  • States shall avoid harmful contamination of space and celestial bodies.

Among its principles, it bars states party to the treaty from placing weapons of mass destruction in Earth orbit, installing them on the Moon or any other celestial body, or otherwise stationing them in outer space. It specifically limits the use of the Moon and other celestial bodies to peaceful purposes, and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications (Article IV). However, the treaty does not prohibit the placement of conventional weapons in orbit, and thus some highly destructive attack tactics, such as kinetic bombardment, are still potentially allowable.[20] In addition, the treaty explicitly allows the use of military personnel and resources to support peaceful uses of space, mirroring a common practice permitted by the Antarctic Treaty regarding that continent. The treaty also states that the exploration of outer space shall be done to benefit all countries and that space shall be free for exploration and use by all the states.

Article II of the treaty explicitly forbids any government from claiming a celestial body such as the Moon or a planet as its own territory, whether by declaration, occupation, or "any other means".[21] However, the state that launches a space object, such as a satellite or space station, retains jurisdiction and control over that object;[22] by extension, a state is also liable for damages caused by its space object.[23]

Responsibility for activities in space

Article VI of the Outer Space Treaty deals with international responsibility, stating that "the activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty" and that States Party shall bear international responsibility for national space activities whether carried out by governmental or non-governmental entities.

As a result of discussions arising from Project West Ford in 1963, a consultation clause was included in Article IX of the Outer Space Treaty: "A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the Moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the Moon and other celestial bodies, may request consultation concerning the activity or experiment."[24][25]

Applicability in the 21st century

Being primarily an arms control treaty for the peaceful use of outer space, the Outer Space Treaty offers limited and ambiguous regulations to newer space activities such as lunar and asteroid mining.[13][15][26] It is therefore debated whether the extraction of resources falls within the prohibitive language of appropriation, or whether the use of such resources encompasses the commercial use and exploitation.[27]

Seeking clearer guidelines, private U.S. companies lobbied the U.S. government, which in 2015 introduced the U.S. Commercial Space Launch Competitiveness Act of 2015 legalizing space mining.[28] Similar national legislation to legalize the appropriation of extraterrestrial resources are now being introduced by other countries, including Luxembourg, Japan, China, India, and Russia.[13][26][29][30] This has created some controversy regarding legal claims over the mining of celestial bodies for profit.[26][27]

1976 Bogota Declaration

The "Declaration of the First Meeting of Equatorial Countries", also known as the "Bogota Declaration", was one of the few attempts to challenge the Outer Space Treaty. It was promulgated in 1976 by eight equatorial countries to assert sovereignty over those portions of the geostationary orbit that continuously lie over the signatory nations' territory.[31] These claims did not receive wider international support or recognition, and were subsequently abandoned.[32]

Influence on space law

As the first international legal instrument concerning space, the Outer Space Treaty is considered the "cornerstone" of space law.[33][34] It was also the first major achievement of the United Nations in this area of law, following the adoption of the first U.N. General Assembly resolution on space in 1958,[35] and the first meeting of the U.N. Committee on the Peaceful Uses of Outer Space (COPUOS) the subsequent year.[36]

Within roughly a decade of the treaty's entry into force, several other treaties were brokered by the U.N. to further develop the legal framework for activities in space:[37]

  • Rescue Agreement (1968)
  • Space Liability Convention (1972)
  • Registration Convention (1976)
  • Moon Treaty (1979)

With the exception of the Moon Treaty, to which only 18 nations are party, all other treaties on space law have been ratified by most major space-faring nations (namely those capable of orbital spaceflight).[38] COPUOS coordinates these treaties and other questions of space jurisdiction, aided by the U.N. Office for Outer Space Affairs.

The Bogota Declaration tried to complement shortcomings of the treaty on safeguarding control of Earth's geostationary orbit, but was not implemented.[39]

List of parties

The Outer Space Treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of February 2022, 112 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification.[1]

Multiple dates indicate the different days in which states submitted their signature or deposition, which varied by location: (L) for London, (M) for Moscow, and (W) for Washington, D.C. Also indicated is whether the state became a party by way of signature and subsequent ratification, by accession to the treaty after it had closed for signature, or by succession of states after separation from some other party to the treaty.

State[1][2][3][4] Signed Deposited Method
 Afghanistan
  • 27 Jan 1967 (W)
  • 30 Jan 1967 (M)
  • 17 Mar 1988 (L, M)
  • 21 Mar 1988 (W)
 Ratification
 Algeria 27 Jan 1992 (W) Accession
 Antigua and Barbuda
  • 16 Nov 1988 (W)
  • 26 Dec 1988 (M)
  • 26 Jan 1989 (L)
 Succession from  United Kingdom
 Argentina
  • 27 Jan 1967 (W)
  • 18 Apr 1967 (M)
 26 Mar 1969 (M, W) Ratification
 Armenia 28 Mar 2018 (M) Accession
 Australia 27 Jan 1967 (W) 10 Oct 1967 (L, M, W) Ratification
 Austria 20 Feb 1967 (L, M, W) 26 Feb 1968 (L, M, W) Ratification
 Azerbaijan 9 Sep 2015 (L) Accession
 Bahamas
  • 11 Aug 1976 (L)
  • 13 Aug 1976 (W)
  • 30 Aug 1976 (M)
 Succession from  United Kingdom
 Bahrain 7 Aug 2019 (M) Accession
 Bangladesh
  • 14 Jan 1986 (L)
  • 17 Jan 1986 (W)
  • 24 Jan 1986 (M)
 Accession
 Barbados 12 Sep 1968 (W) Accession
 Belarus 10 Feb 1967 (M) 31 Oct 1967 (M) Ratification
  • 27 Jan 1967 (L, M)
  • 2 Feb 1967 (W)
  • 30 Mar 1973 (W)
  • 31 Mar 1973 (L, M)
 Ratification
 Benin
  • 19 Jun 1986 (M)
  • 2 Jul 1986 (L)
  • 7 Jul 1986 (W)
 Accession
 Bosnia and Herzegovina
  • 29 Sep 2020 (L)
 Accession
 Brazil
  • 30 Jan 1967 (M)
  • 2 Feb 1967 (L, W)
 5 Mar 1969 (L, M, W) Ratification
 Bulgaria 27 Jan 1967 (L, M, W)
  • 28 Mar 1967 (M)
  • 11 Apr 1967 (W)
  • 19 Apr 1967 (L)
 Ratification
 Burkina Faso 3 Mar 1967 (W) 18 Jun 1968 (W) Ratification
 Canada 27 Jan 1967 (L, M, W) 10 Oct 1967 (L, M, W) Ratification
 Chile
  • 27 Jan 1967 (W)
  • 3 Feb 1967 (L)
  • 20 Feb 1967 (M)
 8 Oct 1981 (W) Ratification
 China
  • 30 Dec 1983 (W)
  • 6 Jan 1984 (M)
  • 12 Jan 1984 (L)
 Accession
 Cuba 3 Jun 1977 (M) Accession
 Cyprus
  • 27 Jan 1967 (W)
  • 15 Feb 1967 (M)
  • 16 Feb 1967 (L)
  • 5 Jul 1972 (L, W)
  • 20 Sep 1972 (M)
 Ratification
 Czech Republic
  • 1 Jan 1993 (M, W)
  • 29 Sep 1993 (L)
 Succession from  Czechoslovakia
 Denmark 27 Jan 1967 (L, M, W) 10 Oct 1967 (L, M, W) Ratification
 Dominican Republic 27 Jan 1967 (W) 21 Nov 1968 (W) Ratification
 Ecuador
  • 27 Jan 1967 (W)
  • 16 May 1967 (L)
  • 7 Jun 1967 (M)
 7 Mar 1969 (W) Ratification
 Egypt 27 Jan 1967 (M, W)
  • 10 Oct 1967 (W)
  • 23 Jan 1968 (M)
 Ratification
 El Salvador 27 Jan 1967 (W) 15 Jan 1969 (W) Ratification
 Equatorial Guinea 16 Jan 1989 (M) Accession
 Estonia 19 Apr 2010 (M) Accession
 Fiji
  • 18 Jul 1972 (W)
  • 14 Aug 1972 (L)
  • 29 Aug 1972 (M)
 Succession from  United Kingdom
 Finland 27 Jan 1967 (L, M, W) Jul 12, 1967 (L, M, W) Ratification
 France 25 Sep 1967 (L, M, W) 5 Aug 1970 (L, M, W) Ratification
 Germany 27 Jan 1967 (L, M, W) 10 Feb 1971 (L, W) Ratification
 Greece 27 Jan 1967 (W) 19 Jan 1971 (L) Ratification
 Guinea-Bissau 20 Aug 1976 (M) Accession
 Hungary 27 Jan 1967 (L, M, W) 26 Jun 1967 (L, M, W) Ratification
 Iceland 27 Jan 1967 (L, M, W) 5 Feb 1968 (L, M, W) Ratification
 India 3 Mar 1967 (L, M, W) 18 Jan 1982 (L, M, W) Ratification
 Indonesia
  • 27 Jan 1967 (W)
  • 30 Jan 1967 (M)
  • 14 Feb 1967 (L)
 25 Jun 2002 (L) Ratification
 Iraq
  • 27 Feb 1967 (L, W)
  • 9 Mar 1967 (M)
  • 4 Dec 1968 (M)
  • 23 Sep 1969 (L)
 Ratification
 Ireland 27 Jan 1967 (L, W)
  • 17 Jul 1968 (W)
  • 19 Jul 1968 (L)
 Ratification
 Israel 27 Jan 1967 (L, M, W)
  • 18 Feb 1977 (W)
  • 1 Mar 1977 (L)
  • 4 Apr 1977 (M)
 Ratification
 Italy 27 Jan 1967 (L, M, W) 4 May 1972 (L, M, W) Ratification
 Jamaica 29 Jun 1967 (L, M, W)
  • 6 Aug 1970 (W)
  • 10 Aug 1970 (L)
  • 21 Aug 1970 (M)
 Ratification
 Japan 27 Jan 1967 (L, M, W) 10 Oct 1967 (L, M, W) Ratification
 Kazakhstan 11 Jun 1998 (M) Accession
 Kenya 19 Jan 1984 (L) Accession
 North Korea 5 Mar 2009 (M) Accession
 South Korea 27 Jan 1967 (W) 13 Oct 1967 (W) Ratification
 Kuwait
  • 7 Jun 1972 (W)
  • 20 Jun 1972 (L)
  • 4 Jul 1972 (M)
 Accession
 Laos
  • 27 Jan 1967 (W)
  • 30 Jan 1967 (L)
  • 2 Feb 1967 (M)
  • 27 Nov 1972 (M)
  • 29 Nov 1972 (W)
  • 15 Jan 1973 (L)
 Ratification
 Lebanon 23 Feb 1967 (L, M, W)
  • 31 Mar 1969 (L, M)
  • 30 Jun 1969 (W)
 Ratification
 Libya 3 Jul 1968 (W) Accession
 Lithuania 25 Mar 2013 (W) Accession
 Luxembourg
  • 27 Jan 1967 (M, W)
  • 31 Jan 1967 (L)
 17 Jan 2006 (L, M, W) Ratification
 Madagascar 22 Aug 1968 (W) Accession
 Mali 11 Jun 1968 (M) Accession
 Malta 22 May 2017 (L) Accession
 Mauritius
  • 7 Apr 1969 (W)
  • 21 Apr 1969 (L)
  • 13 May 1969 (M)
 Succession from  United Kingdom
 Mexico 27 Jan 1967 (L, M, W) 31 Jan 1968 (L, M, W) Ratification
 Mongolia 27 Jan 1967 (M) 10 Oct 1967 (M) Ratification
 Morocco
  • 21 Dec 1967 (L, M)
  • 22 Dec 1967 (W)
 Accession
 Myanmar 22 May 1967 (L, M, W) 18 Mar 1970 (L, M, W) Ratification
   Nepal
  • 3 Feb 1967 (M, W)
  • 6 Feb 1967 (L)
  • 10 Oct 1967 (L)
  • 16 Oct 1967 (M)
  • 22 Nov 1967 (W)
 Ratification
 Netherlands 10 Feb 1967 (L, M, W) 10 Oct 1969 (L, M, W) Ratification
 New Zealand 27 Jan 1967 (L, M, W) 31 May 1968 (L, M, W) Ratification
 Nicaragua
  • 27 Jan 1967 (W)
  • 13 Feb 1967 (L)
  • 30 Jun 2017 (W)
  • 10 Aug 2017 (M)
  • 14 Aug 2017 (L)
 Ratification
 Niger 1 Feb 1967 (W)
  • 17 Apr 1967 (L)
  • 3 May 1967 (W)
 Ratification
 Nigeria 14 Nov 1967 (L) Accession
 Norway 3 Feb 1967 (L, M, W) 1 Jul 1969 (L, M, W) Ratification
 Oman 4 Feb 2022 (L) Accession
 Pakistan 12 Sep 1967 (L, M, W) 8 Apr 1968 (L, M, W) Ratification
 Papua New Guinea
  • 27 Oct 1980 (L)
  • 13 Nov 1980 (M)
  • 16 Mar 1981 (W)
 Succession from  Australia
 Paraguay 22 Dec 2016 (L) Accession
 Peru 30 Jun 1967 (W)
  • 28 Feb 1979 (M)
  • 1 Mar 1979 (L)
  • 21 Mar 1979 (W)
 Ratification
 Poland 27 Jan 1967 (L, M, W) 30 Jan 1968 (L, M, W) Ratification
 Portugal 29 May 1996 (L) Accession
 Qatar 13 Mar 2012 (W) Accession
 Romania 27 Jan 1967 (L, M, W) 9 Apr 1968 (L, M, W) Ratification
 Russia 27 Jan 1967 (L, M, W) 10 Oct 1967 (L, M, W) Ratification as the  Soviet Union
 Saint Vincent and the Grenadines 13 May 1999 (L) Succession from  United Kingdom
 San Marino
  • 21 Apr 1967 (W)
  • 24 Apr 1967 (L)
  • 6 Jun 1967 (M)
  • 29 Oct 1968 (W)
  • 21 Nov 1968 (M)
  • 3 Feb 1969 (L)
 Ratification
 Saudi Arabia 17 Dec 1976 (W) Accession
 Seychelles 5 Jan 1978 (L) Accession
 Sierra Leone
  • 27 Jan 1967 (L, M)
  • 16 May 1967 (W)
  • 13 Jul 1967 (M)
  • 14 Jul 1967 (W)
  • 25 Oct 1967 (L)
 Ratification
 Singapore 10 Sep 1976 (L, M, W) Accession
 Slovakia
  • 1 Jan 1993 (M, W)
  • 17 May 1993 (L)
 Succession from  Czechoslovakia
 Slovenia 8 Feb 2019 (L) Accession
 South Africa 1 Mar 1967 (W)
  • 30 Sep 1968 (W)
  • 8 Oct 1968 (L)
  • 14 Nov 1968 (M)
 Ratification
 Spain
  • 27 Nov 1968 (L)
  • 7 Dec 1968 (W)
 Accession
 Sri Lanka 10 Mar 1967 (L) 18 Nov 1986 (L, M, W) Ratification
 Sweden 27 Jan 1967 (L, M, W) 11 Oct 1967 (L, M, W) Ratification
 Switzerland
  • 27 Jan 1967 (L, W)
  • 30 Jan 1967 (M)
 18 Dec 1969 (L, M, W) Ratification
 Syria 19 Nov 1968 (M) Accession
 Thailand 27 Jan 1967 (L, M, W)
  • 5 Sep 1968 (L)
  • 9 Sep 1968 (M)
  • 10 Sep 1968 (W)
 Ratification
 Togo 27 Jan 1967 (W) 26 Jun 1989 (W) Ratification
 Tonga
  • 22 Jun 1971 (M)
  • 7 Jul 1971 (L, W)
 Succession from  United Kingdom
 Tunisia
  • 27 Jan 1967 (L, W)
  • 15 Feb 1967 (M)
  • 28 Mar 1968 (L)
  • 4 Apr 1968 (M)
  • 17 Apr 1968 (W)
 Ratification
 Turkey 27 Jan 1967 (L, M, W) 27 Mar 1968 (L, M, W) Ratification
 Uganda 24 Apr 1968 (W) Accession
 Ukraine 10 Feb 1967 (M) 31 Oct 1967 (M) Ratification
 United Arab Emirates 4 Oct 2000 (W) Accession
 United Kingdom 27 Jan 1967 (L, M, W) 10 Oct 1967 (L, M, W) Ratification
 United States 27 Jan 1967 (L, M, W) 10 Oct 1967 (L, M, W) Ratification
 Uruguay
  • 27 Jan 1967 (W)
  • 30 Jan 1967 (M)
 31 Aug 1970 (W) Ratification
 Venezuela 27 Jan 1967 (W) 3 Mar 1970 (W) Ratification
 Vietnam 20 Jun 1980 (M) Accession
 Yemen 1 Jun 1979 (M) Accession
 Zambia
  • 20 Aug 1973 (W)
  • 21 Aug 1973 (M)
  • 28 Aug 1973 (L)
 Accession

Partially recognized state abiding by treaty

The Republic of China (Taiwan), which is currently recognized by 13 UN member states, ratified the treaty prior to the United Nations General Assembly's vote to transfer China's seat to the People's Republic of China (PRC) in 1971. When the PRC subsequently ratified the treaty, they described the Republic of China's (ROC) ratification as "illegal". The ROC has committed itself to continue to adhere to the requirements of the treaty, and the United States has declared that it still considers the ROC to be "bound by its obligations".[5]

State Signed Deposited Method
 Republic of China 27 Jan 1967 24 Jul 1970 Ratification

States that have signed but not ratified

Twenty-three states have signed but not ratified the treaty.

State Signed
 Bolivia 27 Jan 1967 (W)
 Botswana 27 Jan 1967 (W)
 Burundi 27 Jan 1967 (W)
 Cameroon 27 Jan 1967 (W)
 Central African Republic 27 Jan 1967 (W)
 Colombia[40] 27 Jan 1967 (W)
 Democratic Republic of the Congo
  • 27 Jan 1967 (W)
  • 29 Apr 1967 (M)
  • 4 May 1967 (L)
 Ethiopia
  • 27 Jan 1967 (L, W)
  • 10 Feb 1967 (M)
 Gambia 2 Jun 1967 (L)
 Ghana
  • 27 Jan 1967 (W)
  • 15 Feb 1967 (M)
  • 3 Mar 1967 (L)
 Guyana 3 Feb 1967 (W)
 Haiti 27 Jan 1967 (W)
  Holy See 5 Apr 1967 (L)
 Honduras 27 Jan 1967 (W)
 Iran 27 Jan 1967 (L)
 Jordan 2 Feb 1967 (W)
 Lesotho 27 Jan 1967 (W)
 Malaysia
  • 20 Feb 1967 (W)
  • 21 Feb 1967 (L)
  • 3 May 1967 (M)
 Panama 27 Jan 1967 (W)
 Philippines
  • 27 Jan 1967 (L, W)
  • 29 Apr 1967 (M)
 Rwanda 27 Jan 1967 (W)
 Somalia 2 Feb 1967 (W)
 Trinidad and Tobago
  • 24 Jul 1967 (L)
  • 17 Aug 1967 (M)
  • 28 Sep 1967 (W)

List of non-parties

The remaining UN member states and UN observer state which have neither ratified nor signed the Outer Space Treaty are:

See also
Wikimedia Commons has media related to Outer Space Treaty.
Wikisource has original text related to this article:
  • High-altitude nuclear explosion (HANE)
  • Kármán line
  • Lunar Flag Assembly
  • Common heritage of mankind
  • Human presence in space
  • Militarization of space
  • Moon Treaty
  • SPACE Act of 2015
  • Treaty on Open Skies
  • United Nations Convention on the Law of the Sea
  • International waters
  • International zone
  • Extraterritorial jurisdiction
  • Extraterritorial operation
  • Extraterritoriality

References
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Further reading
  • Annette Froehlich, et al.: A Fresh View on the Outer Space Treaty. Springer, Vienna 2018, ISBN 978-3-319-70433-3.


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